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Op-Ed: Sorry Trump, the whistleblower is protected by federal law

Regardless of our political persuasion, all Americans are protected by federal whistleblower laws. Most federal whistleblower laws require that federal employees have reason to believe there has been a violation of some law, rule, or regulation. And whistleblowers’ identities are protected against retaliation in this country.

Investigation of retaliation against whistleblowers under 20 federal statutes falls under the jurisdiction of the Office of the Whistleblower Protection Program of the United States Department of Labor’s Occupational Safety and Health Administration (OSHA).

Now, following escalating attacks and demands by Trump that the whistleblower shows himself and be identified, the unidentified individual’s lawyer has gone so far as to say the person was willing to answer written questions submitted by House Republicans.

“Being a whistleblower is not a partisan job nor is impeachment an objective. That is not our role,” Mark Zaid, the whistleblower’s attorney, tweeted Sunday.

But for Trump, that was not good enough, even though this would allow Republicans to ask questions of the whistleblower without having to go through the committee’s chairman, Democratic Rep. Adam Schiff.

House Speaker Nancy Pelosi is seen on October 31  2019 in the US Capitol  gaveling to a close a vote...

House Speaker Nancy Pelosi is seen on October 31, 2019 in the US Capitol, gaveling to a close a vote to formalize the impeachment inquiry into Donald Trump
Win McNamee, POOL/AFP/File


Trump, who repeatedly has acted like his actions are not covered by federal law again began a twitter-rampage on Monday, “He must be brought forward to testify. Written answers not acceptable!” Trump wrote. “Where is the 2nd Whistleblower? He disappeared after I released the transcript. Does he even exist? Where is the informant? Con!”

Trump also referenced revelations that the whistleblower contacted the House Intelligence Committee Chairman Adam Schiff’s committee for guidance before filing the complaint, calling the top Democrat “corrupt.”

“The Whistleblower gave false information & dealt with corrupt politician Schiff. He must be brought forward to testify,” Trump tweeted Monday morning, reports The Hill.

Trump’s denigration of our Constitution
Again, I will mention that what is happening with the president and his demands for the whistleblower’s identity crosses political beliefs and party lines. Our president is going against Constitutional law and the laws of the federal government that were made to protect each and every one of us.

Interestingly, Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in the United States incentivizes and protects whistleblowers. The Dodd-Frank Act has already proven to be successful.

US President Donald Trump called on Republicans to rally around him as the impeachment investigation...

US President Donald Trump called on Republicans to rally around him as the impeachment investigation against him gained force
SAUL LOEB, AFP


As an example, a company can be charged with violating the whistleblower protection Rule 21F-17 by having employees sign confidentiality agreements that threatened repercussions for discussing internal matters with outside parties. President Trump has announced plans to dismantle Dodd-Frank, which may negatively impact whistleblower protection in the United States.

The impeachment inquiry, which by the way, is perfectly legal, has befuddled Trump and his die-hard supporters only because Trump himself keeps throwing insults, lies, and innuendo into the media mix. I can see where it would confuse many people, yet I also realize that no amount of honesty is going to rule the day, either.

Just remember one very important truth – The Constitution of the United States is the governing document in this country. No one, not even the president, is above this piece of paper and what it stands for.

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We are deeply saddened to announce the passing of our dear friend Karen Graham, who served as Editor-at-Large at Digital Journal. She was 78 years old. Karen's view of what is happening in our world was colored by her love of history and how the past influences events taking place today. Her belief in humankind's part in the care of the planet and our environment has led her to focus on the need for action in dealing with climate change. It was said by Geoffrey C. Ward, "Journalism is merely history's first draft." Everyone who writes about what is happening today is indeed, writing a small part of our history.

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